Florida Statute 732.601 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.601

732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:

(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.

(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.

(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.

(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

History.—s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.

Note.—Created from former s. 736.05.

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Amendments to 732.601

Annotations, Discussions, Cases:

Cases Citing Statute 732.601

Total Results: 7

King v. Font Corp.

612 So. 2d 662, 1993 WL 10568

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 1262728

Cited 3 times | Published

decedent's spouse for some legal purposes. See, e.g., § 732.601, Florida Statutes (1991) (the simultaneous death

Darian v. Weymouth

76 So. 3d 15, 2011 Fla. App. LEXIS 18116, 2011 WL 5554786

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 60304463

Published

their deaths to be simultaneous, pursuant to section 732.601(1), Florida Statutes,1 and entered *17an order

Basile v. Aldrich

70 So. 3d 682, 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

District Court of Appeal of Florida | Filed: Aug 23, 2011 | Docket: 2352242

Published

contained in Part VI of chapter 732 (i.e., section 732.601 (“Simultaneous *691Death Law”), section 732

LAURITSEN v. Wallace

67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2361301

Published

his wife were determined to be simultaneous. § 732.601(3), Fla. Stat. (2007). The decedent's will, which

Silver v. Schroeder

474 So. 2d 857, 1985 Fla. App. LEXIS 15496, 10 Fla. L. Weekly 1937

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613799

Published

simultaneous death situation, consistent with section 732.601, Florida Statutes (1983). Appellee, Edna Schroeder

In re Estate of Shine

389 So. 2d 1191, 1980 Fla. App. LEXIS 17362

District Court of Appeal of Florida | Filed: Oct 8, 1980 | Docket: 64578712

Published

probate of their respective estates. Under Section 732.601(1), Florida Statutes (1979), when the devise

In re Estate of Yanowsky

384 So. 2d 1297, 1980 Fla. App. LEXIS 16242

District Court of Appeal of Florida | Filed: May 30, 1980 | Docket: 64576828

Published

property shall not be homestead property. . Section 732.601(3), Florida Statutes (1977), provides: (3)